5 U.S. Code § 5313 - Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter
11 of title
2, as adjusted by section
5318 of this title:

Deputy Secretary of Defense.

Deputy Secretary of State.

Deputy Secretary of State for Management and Resources.

Administrator, Agency for International Development.

Administrator of the National Aeronautics and Space Administration.

Deputy Secretary of Veterans Affairs.

Deputy Secretary of Homeland Security.

Under Secretary of Homeland Security for Management.

Deputy Secretary of the Treasury.

Deputy Secretary of Transportation.

Chairman, Nuclear Regulatory Commission.

Chairman, Council of Economic Advisers.

Director of the Office of Science and Technology.

Director of the Central Intelligence Agency.

Secretary of the Air Force.

Secretary of the Army.

Secretary of the Navy.

Administrator, Federal Aviation Administration.

Director of the National Science Foundation.

Deputy Attorney General.

Deputy Secretary of Energy.

Deputy Secretary of Agriculture.

Director of the Office of Personnel Management.

Administrator, Federal Highway Administration.

Administrator of the Environmental Protection Agency.

Under Secretary of Defense for Acquisition, Technology, and Logistics.

Deputy Secretary of Labor.

Deputy Director of the Office of Management and Budget.

Independent Members, Thrift Depositor Protection Oversight Board.

Deputy Secretary of Health and Human Services.

Deputy Secretary of the Interior.

Deputy Secretary of Education.

Deputy Secretary of Housing and Urban Development.

Deputy Director for Management, Office of Management and Budget.

Director of the Federal Housing Finance Agency.

Deputy Commissioner of Social Security, Social Security Administration.

Administrator of the Community Development Financial Institutions Fund.

The proviso in paragraph (15) of former section
2211(b) is carried into section
5314. The remainder of paragraph (15) is omitted but not repealed, see table III. The part of paragraph (15) that is omitted but not repealed provides that the position of Director of the Federal Bureau of Investigation shall be in Level II of the Federal Executive Salary Schedule so long as the position is held by the incumbent of the position on August 14, 1964. The omission of this provision from title 5, without repealing the corresponding provision of the source statute, in effect leaves existing statute unchanged insofar as it relates to the present incumbent of the position of Director of the Federal Bureau of Investigation.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1967 Act

The deletion of paragraph (6) of 5 U.S.C. 5313 reflects the abolition of the position of “Administrator of the Housing and Home Finance Agency” by the act of September 9, 1965, Public Law 89–174, sections
5(a),
9(c),
79 Stat. 669, 671.

2004—Pub. L. 108–458inserted items relating to Principal Deputy Director of National Intelligence, Director of the National Counterterrorism Center, and Director of the National Counter Proliferation Center.

1975—Pub. L. 94–82substituted provisions applying level II of Executive Schedule to positions for which annual rate of basic pay shall be rate determined with respect to such level under chapter
11 of title
2, as adjusted by section
5318 of this title, for provisions applying such level II to positions for which annual rate of basic pay is $30,000.

Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) ofPub. L. 109–295, set out as a note under section
313 of Title
6, Domestic Security.

Effective Date of 2004 Amendment

For Determination by President that amendment by Pub. L. 108–458take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section
3001 of Title
50, War and National Defense.

Amendment by Pub. L. 108–458effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) ofPub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section
3001 of Title
50, War and National Defense.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296effective 60 days after Nov. 25, 2002, see section 4 ofPub. L. 107–296, set out as an Effective Date note under section
101 of Title
6, Domestic Security.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–569effective on the first day of the first pay period for the Chairman and Members of the Board of Governors of the Federal Reserve System beginning on or after Dec. 27, 2000, see section 1002(b) ofPub. L. 106–569, set out as a note under section
5312 of this title.

Effective Date of 1998 Amendment

Amendment by section 1224(1) ofPub. L. 105–277effective Apr. 1, 1999, see section 1201 ofPub. L. 105–277, set out as an Effective Date note under section
6511 of Title
22, Foreign Relations and Intercourse.

Amendment by section 1332(1) ofPub. L. 105–277effective Oct. 1, 1999, see section 1301 ofPub. L. 105–277, set out as an Effective Date note under section
6531 of Title
22, Foreign Relations and Intercourse.

Amendment by Pub. L. 101–509effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of Health and Human Services, Under Secretary of the Interior, Under Secretary of Education, and Under Secretary of Housing and Urban Development, see section
529 [title I, § 112(e)] of Pub. L. 101–509, set out as a note under section
3404 of Title
20, Education.

Amendment by Pub. L. 100–527effective Mar. 15, 1989, see section 18(a) ofPub. L. 100–527, set out as a Department of Veterans Affairs Act note under section
301 of Title
38, Veterans’ Benefits.

Effective Date of 1987 Amendment

Pub. L. 100–204, title I, § 178(b),Dec. 22, 1987, 101 Stat. 1362, provided that: “The amendments made by subsection (a) [amending sections
5313 and
5315 of this title] shall take effect 30 days after the date of enactment of this Act [Dec. 22, 1987] and shall not affect the salary of any individual holding the rank of Ambassador at Large immediately before the date of enactment of this Act during the period such individual continues to serve in such position.”

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–619applicable to incumbent Under Secretary of Labor on Nov. 6, 1986, serving after such date, see section 2(f)(1) ofPub. L. 99–619, set out as a Present Incumbent note under section
552 of Title
29, Labor.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465effective Feb. 15, 1981, except as otherwise provided, see section 2403 ofPub. L. 96–465, set out as an Effective Date note under section
3901 of Title
22, Foreign Relations and Intercourse.

“(a) Except as otherwise provided in this section, this Act [enacting section
2212b of Title
7, Agriculture, amending sections
5313 to
5316 of this title, sections
2210 and
2211 of Title
7, and section
714g of Title
15, Commerce and Trade, and enacting provisions set out as a note under section
2210 of Title
7] shall take effect on its date of enactment [Oct. 19, 1976].

“(b) Subsection (b)(1) ofsection
3 of this Act [amending section
5316 of this title] shall take effect upon appointment of a Presidential appointee to fill the successor position created by section 2 of this Act [section
2212b of Title
7].”

Effective Date of 1974 Amendment

Amendment of Pub. L. 93–438effective 120 days after Oct. 11, 1974, or on such earlier date as President may prescribe and publish in Federal Register, except that officers provided for in sections
5811 to
5820 of Title
42, The Public Health and Welfare, may be nominated and appointed at any time after Oct. 11, 1974, see section 312(a) ofPub. L. 93–438, set out as an Effective Date; Interim Appointments note under section
5801 of Title
42.

Pub. L. 90–407, § 15(a)(4),July 18, 1968, 82 Stat. 367, provided that: “The amendments made by this subsection [amending sections
5313,
5314, and
5316 of this title] (and the amendments made by sections 3 and 4 of this Act [amending section
1864 and enacting section
1864a of Title
42, The Public Health and Welfare] insofar as they relate to rates of basic pay) shall take effect on the first day of the first calendar month which begins on or after the date of the enactment of this Act [July 18, 1968].”

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
203(2),
551(d),
552(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.

Office of Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of the National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.

Bonus Eligibility of Under Secretary of Transportation for Security

Pub. L. 107–71, title I, § 101(c)(2),Nov. 19, 2001, 115 Stat. 602, provided that: “In addition to the annual rate of pay authorized by section
5313 of title
5, United States Code, the Under Secretary may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of pay, based on the Secretary’s evaluation of the Under Secretary’s performance.”

Pay Increase; Effective Date

Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by Pub. L. 92–302, not eligible to an increase on basic pay until Jan. 21, 1973, see section 3(c) ofPub. L. 92–302, May 18, 1972, 86 Stat. 149.

Director of the Federal Bureau of Investigation, Department of Justice

Director of Federal Bureau of Investigation, Department of Justice to receive compensation at rate prescribed for level II of Federal Executive Salary Schedule [this section], effective as of day following date on which person holding such office on June 19, 1968, ceases to serve as Director, see section 1101(a) ofPub. L. 90–351, June 19, 1968, 82 Stat. 236, set out as a note under section
532 of Title
28, Judiciary and Judicial Procedure.

Salary Increases

For adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section
5332 of this title.

For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under section
358 of Title
2, The Congress.

For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under section
5318 of this title.

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